VIPUL M.PANCHOLI,J. - (1.)Rule returnable forthwith. Learned APP waives service of notice of rule for and on behalf of respondent-State.
(2.)The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 226 and supervisory jurisdiction under article 227 of the Constitution of India for the release of the muddamal vehicle i.e. Duster Car of Renault India Pvt. Ltd. bearing Registration No.GJ-15-CD-9306.
(3.)It is the case of the petitioner that on registration of the FIR being C.R. No.III-618 OF 2019 registered with Maroli Police Station, District Navsari for the offences under the provision of the Gujarat Prohibition Act, the vehicle of the petitioner has been seized as muddamal in connection with the aforesaid offence. Learned advocate for the petitioner submitted that the petitioner has preferred an application under Section 451 of the Code of Criminal Procedure for release of the aforesaid muddamal before the Chief Judicial Magistrate, Navsari. However, the said application came to be rejected by 6th Additional Chief Judicial Magistrate, Navsari. The petitioner has, therefore, filed a Revision Application being Criminal Revision Application No.42 of 2020 before the District and Sessions Court, Navsari. However, the said Revision Application also came to be rejected. The petitioner has, therefore, preferred this petition. It is further submitted that the vehicle in question is duly registered with the transport department of the Government and in support of it, RC Book is placed on record at Page No.24 of the compilation. He further submitted that till date, no one has claimed for the interim custody of the muddamal vehicle and if the interim custody of the said vehicle is handed over to the petitioner, he will abide by the conditions that may be imposed by this Court while handing over the vehicle. Learned advocate for the petitioner, under the instructions, further submitted that the vehicle in question is not involved in any other offence. He, therefore, urged that this petition may be allowed on suitable conditions.